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Michigan Real Estate Law Questions & Answers
2 Answers | Asked in Personal Injury, Real Estate Law and Civil Litigation for Michigan on
Q: My bedroom ceiling collapsed on me in my sleep. The property manager was aware that the ceiling was cracked.

I inhaled lots of fiberglass insulation and sustained a foot injury so I went to the ER.

Thomas. R. Morris
Thomas. R. Morris
answered on Oct 12, 2021

Ouch. If you are a tenant, the landlord is likely to be liable. The landlord's insurance carrier may offer a settlement. You could take the settlement, or, if you can find an attorney to take the case, you could sue to see if you get more. If you hire an attorney, that might increase the... View More

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2 Answers | Asked in Real Estate Law for Michigan on
Q: I purchased a home on 1 acre that was parceled off 40 acres. The township did not record the split.

The township approved the split, but never recorded it. We informed the township and the title company multiple times and we were told “figure it out amongst yourselves” we are now paying taxes on 40 acres and the title and deed are incorrect. I have notified the title company and township and... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 9, 2021

The beat option is to not close until this is resolved.

If you have already closed, did your attorney review the paperwork before closing? Wasn’t the issue obvious at that point? Did you hire your own attorney to review the closing package and offer to purchase?

You can still...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: I been staying in this house for 10 years now the mortgage company trying to come take it back

My mother in law gave it to me and my wife I remodel the house etc all she said is that she was in bankruptcy and all we had to do is pay taxes and which I did

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 7, 2021

"Bankruptcy" doesn't mean what you appear to think it does. If the house were indeed 'in bankruptcy' that wouldn't necessarily impact the mortgage. Without seeing ALL the paperwork it is impossible to say what is going on and how you may be impacted, but your... View More

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2 Answers | Asked in Real Estate Law for Michigan on
Q: I have a house in Wayne County. My now ex wife is on the title. I need to get her off the title. Lived in for 2 yrs.

What are my options to get her name off the title. I don't want to sell the house. I can't make contact with her due to the claims she made. We can't meet in person it has to go through our family attorney for questions. What can I do to get her off the title hassle free.

David Soble
David Soble
answered on Oct 7, 2021

You can go back to the court with the initial jurisdiction on the file, and petition the court to order that the subject property be refinanced or sold. If your ex - spouse won't cooperate after that, then they would be violating the court's order. Hope this helps.

For more...
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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: Owner of the house received cash from nephew and decided that my son buy's it back from him. Deed is still in the owner
Kenneth V Zichi
Kenneth V Zichi
answered on Oct 3, 2021

Your question is unclear. But ALL real estate transactions need to be done in a written agreement. ‘Owner decided’ is never enough. What does the written agreement state?

If you’re unsure, you need to immediately seek local legal representation.

—This answer is offered for...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: Michigan Quit-claim Deed - if exempt from MI Real Estate Transfer Tax, does actual consideration need to be listed?

My 2 brothers and I inherited our parents' house upon their deaths. I and one of my brothers are selling the house to our other brother. I'm attempting to write the quit-claim deed myself. I've found where this transaction is exempt from Michigan Real Estate Transfer Tax because... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 26, 2021

Trying to write a deed is akin to trying to do your own appendectomy. It is 'easy' surgery, but it's rather poor practice to 'just do the research' and try it yourself.

That said, there are significant tax implications for the consideration listed in the deed, and...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: We discussed a price with the realtor, then he listed it for 50,000 less than we discussed. What can we do?
David Soble
David Soble
answered on Sep 24, 2021

A listing needs to be endorsed by the property owner. Did you sign the document in blank? The list price should be listed on the listing agreement at the time of signature. If you have further problems, I would suggest first calling the agent's broker to get it corrected.

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2 Answers | Asked in Real Estate Law for Michigan on
Q: Real estate question

Someone gave me a cash deposit to purchase my property. No contract was signed and no receipt was given. A month later he called me to cancel the deal. I told him I can not give him the deposit back. He started harassing my phone and threatening me. What should I do? Do I make a police report? Do I... View More

David Soble
David Soble
answered on Sep 9, 2021

If you state that there was no written contract, then you do not have a valid purchase agreement. Real estate transactions, especially those dealing with a purchase, require that the contract be in writing pursuant to the Statute of Frauds. My suggestion is that you return the deposit, because... View More

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1 Answer | Asked in Real Estate Law for Michigan on
Q: Are one-way provisions in condominium bylaws enforceable in Michigan? Specifically for attorney fees and costs?

I am a Realtor representing the seller of a condo with 16 units. The condo rules provide that everybody pays a monthly fee/due and included in that fee is the use of water, sewer, and heat. There are no meters establishing what unit uses what and never has been. My Seller uses the condo 6 weeks out... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 9, 2021

'Unilateral' provisions are not per-se improper, but you're 'gut' that this is rather unfair isn't wrong. It is an argument against buying a condo or entering into ANY 'contract of adhesion' but it isn't 'illegal'.

For example, your...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: Real estate question.

A buyer wanted to purchase my property in Dearborn Heights on a land contract. He gave me a cash deposit to hold property

No signed contract no receipt. A week after I got a call from buyer that he does not want the house anymore and he wants his deposit back. Can I keep the deposit or do I... View More

David Soble
David Soble
answered on Sep 9, 2021

If the agreement was for you to "hold the property from putting the home on the market, for a short then you may be able to keep it. Otherwise my suggestion is that you return the deposit. Without a written purchase agreement, you do not have a valid contact. Real estate transactions,... View More

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1 Answer | Asked in Real Estate Law for Michigan on
Q: Can anyone tell me what is the best way to proceed with buying this manufactured home?

I would like to be sure I don't give the manufactured home park any kind of loop hole. The seller owes them nothing. And has no lease. He verbally offered it to the park and they declined to buy it.I've been told he should offer it to the park. For the sale price in writing. I'm... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 7, 2021

The BEST way is to not buy the home in the first place. Manufactured homes, particularly those in parks where you don't own the land it is placed upon, are notoriously bad investments. They lose value and create liabilities unlike any other thing you might own other than a motor vehicle.... View More

2 Answers | Asked in Real Estate Law for Michigan on
Q: We had a 12 month lease which ended in 2019, but I'm still living in the rental. Never signed a new one.

Expired lease and rules in the expired lease still apply?

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 2, 2021

Yes except that the ‘term’ of the lease is now month to month and the rent can change with a month’s notice in the proper (written) form. The other terms (pets, utilities etc.) remain as in the written lease.

— this answer is offered for information only and does not constitute...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: Can I move mobile home from park? Seller has no lease. Park says it cant be sold to anyone moving it from the park.

The seller offered it to the park for sale price fist. They declined to buy. Then said he can't sell to anyone that intends to remove it from the park. I'd like to know what Michigan law is. I'd also like to know. Is there anything I can do to protect myself. From the mobile home... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 1, 2021

Assuming the mobile home is owned by someone other than the park, the owner (now or a new purchaser) can move their personal property wherever they want.

It’s a little like saying ‘I’ll let you buy the car, but you have to rent the parking spot and can’t move it.’

Two...
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2 Answers | Asked in Contracts and Real Estate Law for Michigan on
Q: Bought a house with my boyfriend and going to break up with him. Can I get his name off the house?

My boyfriend and I have been together for 9 years. We recently purchased a home together. As we were not married, I first asked to just put my name on the house, but he and his family talked me into having us sign the papers together. Only my name is on the mortgage as my boyfriend does not have... View More

Brent T. Geers
Brent T. Geers
answered on Aug 30, 2021

There's no easy way to part ways when you own a house together. Best case scenario is similar to what's done in a divorce: you figure out the equity in the house, split that, and pay him his half in exchange for him signing a quit claim deed to you so that you own the house outright. If... View More

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3 Answers | Asked in Real Estate Law for Michigan on
Q: How do I get a seller disclosure on a property I closed on?

How do I get a seller disclosure on a property I closed on?

Kenneth V Zichi
Kenneth V Zichi
answered on Aug 18, 2021

You are supposed to receive the seller’s disclosure statement at the time of (or shortly after) the OFFER is made.

It should also be in the closing packet of documents you received. Did you have an attorney review the paperwork?

Without that attorney review, you may not know...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: how does the patron act work. how can to force other land owners to sell ground?
Kenneth V Zichi
Kenneth V Zichi
answered on Aug 17, 2021

The "Patron Act"? As far as I know, there is no such thing. What are you trying to do? Force the sale of land owned jointly or compel the sale of land in some other way? Without specific facts, it really isn't possible to answer your question.

--This answer is offered for...
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1 Answer | Asked in Real Estate Law and Tax Law for Michigan on
Q: How can I pay delinquent taxes and take ownership of a home?

My childhood home has two years of unpaid taxes and if they aren’t paid by March 31st, 2022 the county takes the home. It’s abandoned and no one lives there. I’m not the owner and I cannot reach the owner (I’ve been trying). I was told if I pay the delinquent taxes and get a tax certificate... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Aug 10, 2021

You can’t just pay the taxes and expect to be reimbursed.

That procedure works if you purchase the property at a tax sale, which is the official sale once the taxes have reached the level of delinquency that you mention.

The procedures for bidding at a tax sale or complicated and...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: Can a landlord come in & take pictures of the house while your occupying it because they plan on selling it?

I am a renter of a house for 2.5 years now. The landlord is going to be listing it to sell, but can they come inside to take pictures for the listing while I live here with all my personal belongings in it? I do not have any kind of written lease agreement or contract. Just a month to month rental.

David Soble
David Soble
answered on Aug 2, 2021

Yes, if the lease provisions allow for the landlord to show the home to prospective purchasers, then they can come in an photograph the interior of the property.

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: How does a surveyor split land in half using legal land description

I bought some land in sec 2 t12north range 16 west also except north 250ft and 110ft w. Seller deeded all of property to me. Year later I deeded south half back. New owner had servey done and south half has 4.72 acres and north half is smaller. Records show that the qauerter quarter section has... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Aug 2, 2021

Your description doesn't make sense. Did you buy a whole section except for the North 250 feet and west 110 feet?

A section is an area nominally one square mile, containing 640 acres. A mile less 250 feet in one direction and 110 in a perpendicular direction from the first is not...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: I purchased a piece of land in April. I have a quit claim deed. There were renters in the home and refuse to leave.

Do I have a legal right to inspect the home? Renters won't let me in.

Anthony M. Avery
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answered on Jul 30, 2021

Inspecting the home is the least of your problems. Hire a competent MI attorney to file a possessory action for either an Eviction, or possibly Ejectment. The SOL is running and you may have already lost the Title, or your Deed may have been void for Champerty. You need a title search... View More

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